CHAPTER 126

(HB 1072)

Grand jury transcript may be ordered by a magistrate judge.


         ENTITLED, An Act to  permit magistrate judges to order a transcript of a grand jury proceeding.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 23A-5-16 be amended to read as follows:

     23A-5-16.   Disclosure of matters occurring before a grand jury, other than its deliberations and the vote of any juror, may be made to prosecuting attorneys for use in the performance of their duties. Otherwise a juror, attorney, witness, interpreter, stenographer, operator of a recording device, or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when if directed by the circuit court preliminary to , or in connection with , a judicial proceeding or when if permitted by the circuit court at the request of a defendant upon a showing that grounds may exist for a motion to dismiss an indictment because of matters occurring before a grand jury. A grand juror cannot be questioned for anything he that the grand juror may say or any vote he that the grand juror may give in the grand jury proceedings relative to a matter legally pending before it, except for perjury of which he the grand juror may have been guilty in making an accusation or giving testimony to his or her fellow jurors. No obligation of secrecy may be imposed upon any person except in accordance with this section. A court may direct that an indictment shall be kept secret until the defendant is in custody or has given bail , and in . In that event the clerk shall seal the indictment , and no person shall may disclose the finding of the indictment except when unless necessary for the issuance and execution of a warrant or summons.

     Signed February 2, 2005
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